Chapter 50

50.378(3) (3) Immunity from liability. A hospital and its employees or agents are immune from civil liability for allowing a victim advocate to accompany a victim, for any failure to comply with any requirement in sub. (2), and for any act or omission by a victim advocate.

50.378(4) (4) Duties of the department.

50.378(4)(a) (a) The department shall respond to any complaint received by the department concerning noncompliance by a hospital with the requirements of sub. (2).

50.378(4)(b) (b) The department, in cooperation with the department of justice, shall develop guidelines for, and provide assistance to, hospitals that are subject to the requirements of sub. (2).

50.378(4)(c) (c) The department shall prescribe a form to be used by hospitals that provide emergency services to victims of sexual assault, human trafficking, or child sexual abuse to provide notification to victims and, if a victim is a minor who is at least 10 years of age, the victim’s parent, guardian, or legal custodian, of his or her right to be accompanied by a victim advocate under sub. (2). The form shall include all of the following information:

50.378(4)(c)1. 1. The right to request accompaniment under sub. (2) (a) to (c).

50.378(4)(c)2. 2. The right to exclude a victim advocate under sub. (2) (e).

50.378(4)(c)3. 3. The procedure to make a complaint to the department under sub. (4) (a).

50.378 History History: 2015 a. 351.

50.38 50.38 Hospital assessment.

50.38(1) (1) In this section “eligible hospital” means a hospital that is not any of the following:

50.38(1)(b) (b) An institution for mental diseases, as defined in s. 46.011 (1m).

50.38(1)(c) (c) A general psychiatric hospital for which the department has issued a certificate of approval under s. 50.35 that applies only to the psychiatric hospital, and that is not a satellite of an acute care hospital.

50.38(1)(d) (d) A long-term care hospital that meets the requirements of 42 CFR 412.23 (e) and is reimbursed by the federal Medicare program under the Medicare prospective payment system for long-term care hospitals, for which the department has issued a certificate of approval under s. 50.35 that only applies to the long-term care hospital and that is not a satellite operating under the certificate of approval of an acute care hospital.

50.38(2) (2) 

50.38(2)(a) (a) For the privilege of doing business in this state, there is imposed on each eligible hospital that is not a critical access hospital an assessment each state fiscal year that is equal to an outpatient uniform percentage, determined under sub. (3), of the hospital’s outpatient gross patient revenues, as reported under s. 153.46 (5) and determined by the department, plus an inpatient uniform percentage, determined under sub. (3), of the hospital’s inpatient gross revenues, as reported under s. 153.46 (5) and determined by the department. The assessments shall be deposited in the hospital assessment fund.

50.38(2)(b) (b) For the privilege of doing business in this state, there is imposed on each critical access hospital an assessment each state fiscal year that is equal to the inpatient uniform percentage, established by the department under sub. (3), of the critical access hospital’s gross inpatient revenues, as reported under s. 153.46 (5) and determined by the department. The assessments shall be deposited in the hospital assessment fund.

50.38(3) (3) Beginning July 1, 2025, the department shall establish the inpatient and outpatient uniform percentages that are applicable under sub. (2) (a) and (b) so that the total amount of assessments collected under sub. (2) (a) and (b) is equal to $1,507,096,900 in a state fiscal year or is equal to the greatest amount that may be collected in a state fiscal year without resulting in the reduction of the amount paid to this state under 42 USC 1396b (w), whichever amount is lower.

50.38(3m) (3m) The secretary shall notify the joint committee on finance of any material change in federal law that results in refunds or recoupments under sub. (6). Notwithstanding s. 50.38 (2), following such notice, the department shall be authorized to suspend part of or all assessments under s. 50.38 (2) pursuant to s. 227.24.

50.38(4) (4) Except as provided in sub. (5), each eligible hospital shall pay the applicable annual assessment under sub. (2) in 4 equal amounts that are due by September 30, December 31, March 31, and June 30 of each year.

50.38(5) (5) At the discretion of the department, a hospital that is unable timely to make a payment by a date specified under sub. (4) may be allowed to make a delayed payment. A determination by the department that a hospital may not make a delayed payment under this subsection is final and is not subject to review under ch. 227. At the discretion of the department, a hospital that is unable to timely make a payment by a date specified under sub. (4) and that is not granted a payment extension under this subsection may be referred to the department of revenue for debt collection.

50.38(6) (6) 

50.38(6)(a) (a)

50.38(6)(a)1. 1. If the federal government does not provide federal financial participation under the federal Medicaid program for amounts collected under sub. (2) (a) or (b) that are used to make payments required under s. 49.45 (3) (e) 11. or (5r), that are transferred under sub. (8) and used to make payments from the Medical Assistance trust fund, or that are transferred under sub. (9) and expended under s. 20.435 (4) (jw), the department shall, from the fund from which the payment or expenditure was made, refund eligible hospitals the amount for which the federal government does not provide federal financial participation.

50.38(6)(a)2. 2. If the department makes a refund under subd. 1. as result of failure to obtain federal financial participation under the federal Medicaid program for a payment required under s. 49.45 (3) (e) 11. or (5r) or a payment from the Medical Assistance trust fund, the department shall recoup the part of the payment for which the federal government does not provide federal financial participation.

50.38(6)(a)3. 3. Moneys recouped under subd. 2. for payments made from the hospital assessment fund shall be deposited in the hospital assessment fund.

50.38(6)(a)4. 4. Moneys recouped under subd. 2. for payments made from the Medical Assistance trust fund shall be deposited in the Medical Assistance trust fund.

50.38(6)(b) (b) On June 30 of each state fiscal year, the department shall, from the appropriation account under s. 20.435 (4) (xc), refund to eligible hospitals any amounts not expended or encumbered from that appropriation in the fiscal year or transferred under sub. (8).

50.38(6)(c) (c) The department shall allocate any refund under this subsection to eligible hospitals in proportion to the percentage of the total assessments collected under sub. (2) that each hospital paid.

50.38(7) (7) By June 1 of each year the department shall report to the joint committee on finance all of the following information for the state fiscal year ending the previous June 30:

50.38(7)(a) (a) The amount each eligible hospital paid under sub. (2).

50.38(7)(b) (b) The amounts the department paid each health maintenance organization under s. 49.45 (59) (a).

50.38(7)(c) (c) The total amounts that each eligible hospital received from health maintenance organizations under s. 49.45 (59) (b).

50.38(7)(d) (d) The total amount of payment increases the department made, in connection with implementation of the hospital assessments under sub. (2), for inpatient and outpatient hospital services that are reimbursed on a fee-for-service basis.

50.38(7)(e) (e) The total amount of payments that the department made to each hospital under the Medical Assistance Program under subch. IV of ch. 49.

50.38(7)(f) (f) The portion of capitated payments that the department made to each health maintenance organization under the Medical Assistance Program under subch. IV of ch. 49 from appropriation accounts of general purpose revenues that is for inpatient and outpatient hospital services.

50.38(7)(g) (g) The results of any audits conducted by the department under s. 49.45 (59) (e) 3. and any actions taken by the department as a result of the audits.

50.38(7m) (7m) 

50.38(7m)(a) (a)

50.38(7m)(a)1. 1. The department shall submit to the legislative reference bureau for publication in the Wisconsin Administrative Register a notice specifying the information in subd. 2. if any of the following apply:

50.38(7m)(a)1.a. a. The statewide total of assessment payments in sub. (2) that the department expects to be paid in the current state fiscal year does not equal or exceed $1,356,000,000.

50.38(7m)(a)1.b. b. The statewide total of Medical Assistance payments required in s. 49.45 (3) (e) 11. that the department expects to be paid in the current state fiscal year does not equal the statewide total of assessment payments in sub. (2) that the department expects to be paid in the current state fiscal year divided by 56.1 percent.

50.38(7m)(a)1.c. c. The statewide total of assessment payments in sub. (2) that the department expects to be paid in the next state fiscal year does not equal or exceed $1,356,000,000.

50.38(7m)(a)1.d. d. The statewide total of Medical Assistance payments required in s. 49.45 (3) (e) 11. that the department expects to be paid in the next state fiscal year does not equal the statewide total of assessment payments in sub. (2) that the department expects to be paid in the next state fiscal year divided by 56.1 percent.

50.38(7m)(a)2. 2. The department shall include in any notice submitted under subd. 1. all of the following information:

50.38(7m)(a)2.a. a. The statewide total of assessment payments in sub. (2) that the department expects to be paid in the current state fiscal year.

50.38(7m)(a)2.b. b. The statewide total of Medical Assistance payments required in s. 49.45 (3) (e) 11. that the department expects to be paid in the current state fiscal year.

50.38(7m)(a)2.c. c. The statewide total of assessment payments in sub. (2) that the department expects to be paid in the next state fiscal year.

50.38(7m)(a)2.d. d. The statewide total of Medical Assistance payments required in s. 49.45 (3) (e) 11. that the department expects to be paid in the next state fiscal year.

50.38(7m)(b) (b)

50.38(7m)(b)1. 1. The department shall submit to the legislative reference bureau for publication in the Wisconsin Administrative Register a notice specifying the information in subd. 2. if, after the department has submitted a notice to the legislative reference bureau for publication in the Wisconsin Administrative Register under par. (a), any of the following apply:

50.38(7m)(b)1.a. a. The statewide total of assessment payments in sub. (2) that the department expects to be paid in the current state fiscal year equals or exceeds $1,356,000,000.

50.38(7m)(b)1.b. b. The statewide total of Medical Assistance payments required in s. 49.45 (3) (e) 11. that the department expects to be paid in the current state fiscal year equals the statewide total of assessment payments in sub. (2) that the department expects to be paid in the current state fiscal year divided by 56.1 percent.

50.38(7m)(b)1.c. c. The statewide total of assessment payments in sub. (2) that the department expects to be paid in the next state fiscal year equals or exceeds $1,356,000,000.

50.38(7m)(b)1.d. d. The statewide total of Medical Assistance payments required under s. 49.45 (3) (e) 11. that the department expects to be paid in the next state fiscal year equals the statewide total of assessment payments in sub. (2) that the department expects to be paid in the next state fiscal year divided by 56.1 percent.

50.38(7m)(b)2. 2. The department shall include in any notice submitted under subd. 1. all of the following information:

50.38(7m)(b)2.a. a. The statewide total of assessment payments in sub. (2) that the department expects to be paid in the current state fiscal year.

50.38(7m)(b)2.b. b. The statewide total of Medical Assistance payments required in s. 49.45 (3) (e) 11. that the department expects to be paid in the current state fiscal year.

50.38(7m)(b)2.c. c. The statewide total of assessment payments in sub. (2) that the department expects to be paid in the next state fiscal year.

50.38(7m)(b)2.d. d. The statewide total of Medical Assistance payments required in s. 49.45 (3) (e) 11. that the department expects to be paid in the next state fiscal year.

50.38(8) (8) In each state fiscal year, the secretary of administration shall transfer from the hospital assessment fund to the Medical Assistance trust fund an amount equal to the amount collected under sub. (2) (a) and (b) for that fiscal year minus the state share of payments to hospitals required under s. 49.45 (3) (e) 11., minus any amounts appropriated under s. 20.285 (1) (qe) and (qj), and minus any refunds paid to hospitals from the hospital assessment fund under sub. (6) (a) in that fiscal year.

50.38(9) (9) On June 30 of each state fiscal year, the secretary of administration shall transfer from the Medical Assistance trust fund to the appropriation account under s. 20.435 (4) (jw), an amount equal to 0.5 percent of the amount transferred under sub. (8).

50.38 History History: 2009 a. 2, 190; 2011 a. 260 s. 81; 2017 a. 59; 2025 a. 15.

50.39 50.39 Exemptions and enforcement.

50.39(1) (1) The requirements for hospitals apply to all facilities coming under the definition of a “hospital” which are not specifically exempt by ss. 50.32 to 50.39.

50.39(2) (2) The use of the title “hospital” to represent or identify any facility which does not meet the definition of a “hospital” as provided herein or is not subject to approval under ss. 50.32 to 50.39 is prohibited, except that institutions governed by s. 51.09 are exempt.

50.39(3) (3) Facilities governed by ss. 45.50, 48.62, 49.70, 49.72, 50.02, 51.09, and 252.10, juvenile correctional facilities as defined in s. 938.02 (10p), correctional institutions governed by the department of corrections under s. 301.02, and the offices and clinics of persons licensed to treat the sick under chs. 446, 447, and 448 are exempt from ss. 50.32 to 50.39. Sections 50.32 to 50.39 do not abridge the rights of the medical examining board, physician assistant affiliated credentialing board, physical therapy examining board, podiatry affiliated credentialing board, dentistry examining board, pharmacy examining board, chiropractic examining board, and board of nursing in carrying out their statutory duties and responsibilities.

50.39(4) (4) All orders issued by the department pursuant to ss. 50.32 to 50.39 shall be enforced by the attorney general. The circuit court of Dane County shall have jurisdiction to enforce such orders by injunctional and other appropriate relief.

50.39(5) (5) 

50.39(5)(a) (a) The department may, in the event of an emergency condition that imminently threatens the health or safety of patients of a hospital, suspend new admissions to all or a part of the hospital until such time as the department decides that the hospital has removed or corrected the causes or deficiencies creating the emergency.

50.39(5)(b) (b) Immediately upon the suspension of new admissions under par. (a), the department shall notify the hospital in writing. Notice of the suspension shall include a clear and concise statement of the causes or deficiencies creating the emergency condition on which the suspension is based and notice of the opportunity for a hearing on the suspension or on recision of the suspension under s. 227.44. If the hospital desires to contest the suspension, it shall provide written notice to the department of a request for a hearing within 10 days after receipt of the notice of suspension. If the hospital desires to contest failure by the department to rescind the suspension, it shall provide written notice to the department of a request for a hearing.

50.39(6) (6) In addition to any other remedies provided by law, any person suffering a pecuniary loss because of a violation of s. 50.36 (3) (a) may bring a civil action in any court of competent jurisdiction to recover the amount of the pecuniary loss, together with costs and disbursements, including reasonable attorney fees.

50.39 History History: 1971 c. 164; 1975 c. 39; 1975 c. 413 ss. 4, 18; 1975 c. 430 s. 80; Stats. 1975 s. 50.39; 1977 c. 203; 1979 c. 89, 221, 337, 355; 1985 a. 332 s. 251 (1); 1989 a. 31, 37, 107; 1991 a. 39; 1993 a. 27, 30, 107; 1995 a. 27, 77; 1997 a. 175; 1999 a. 9; 2005 a. 22, 344; 2007 a. 97; 2009 a. 113, 149; 2011 a. 258; 2013 a. 236; 2021 a. 23.

50.39 Cross-reference Cross-reference: See also ch. DHS 124, Wis. adm. code.

50.49 50.49 Licensing and regulation of home health agencies.

50.49(1) (1) Definitions. As used in this section, unless a different meaning appears from the context:

50.49(1)(a) (a) “Home health agency” means an organization that:

50.49(1)(a)1. 1. Primarily provides skilled nursing and other therapeutic services;

50.49(1)(a)2. 2. Has policies established by a professional group including at least one physician and at least one registered nurse to govern services, and provides for supervision of these services by a physician or a registered nurse; and

50.49(1)(a)3. 3. Maintains clinical records on all patients.

50.49(1)(b) (b) “Home health services” means the following items and services that are furnished to an individual, who is under the care of a physician, physician assistant, or advanced practice registered nurse, by a home health agency, or by others under arrangements made by the home health agency, that are under a plan for furnishing those items and services to the individual that is established and periodically reviewed by a physician, physician assistant, or advanced practice registered nurse and that are, except as provided in subd. 6., provided on a visiting basis in a place of residence used as the individual’s home:

Effective date note NOTE: Par. (b) (intro.) is shown as amended eff. 9-1-26 by 2025 Wis. Act 17. Prior to 9-1-26 it reads:

Effective date text (b) “Home health services” means the following items and services that are furnished to an individual, who is under the care of a physician, physician assistant, or advanced practice nurse prescriber, by a home health agency, or by others under arrangements made by the home health agency, that are under a plan for furnishing those items and services to the individual that is established and periodically reviewed by a physician, physician assistant, or advanced practice nurse prescriber and that are, except as provided in subd. 6., provided on a visiting basis in a place of residence used as the individual’s home:

50.49(1)(b)1. 1. Part-time or intermittent nursing care provided by or under the supervision of a registered professional nurse;

50.49(1)(b)2. 2. Physical or occupational therapy or speech-language pathology;

50.49(1)(b)3. 3. Medical social services under the direction of a physician;

50.49(1)(b)4. 4. Medical supplies, other than drugs and biologicals, and the use of medical appliances, while under such a plan;

50.49(1)(b)5. 5. In the case of a home health agency which is affiliated or under common control with a hospital, medical services provided by an intern or resident-in-training of such hospital, under an approved teaching program of such hospital; and

50.49(1)(b)6. 6. Any of the foregoing items and services which are provided on an outpatient basis, under arrangements made by the home health agency, at a hospital or extended care facility, or at a rehabilitation center which meets such standards as may be prescribed by rule, and the furnishing of which involves the use of equipment of such a nature that the items and services cannot readily be made available to the individual in such place of residence, or which are furnished at such facility while the individual is there to receive any such item or service, but not including transportation of the individual in connection with any such item or service.